Would PASS ID Really Save States Money?
The proposed PASS ID Act is a national ID just like REAL ID, and it threatens privacy just as much. Some argue that a national ID under PASS ID should be palatable, though, because it reduces costs to states.
But savings to states under PASS ID are not at all clear. Let’s take a look at the costs of creating a U.S. national ID.
The REAL ID Act, passed in May 2005, required states to begin implementing a national ID system within three years. In regulations it proposed in March 2007, the Department of Homeland Security extended that draconian deadline. States would have five years, starting in May 2008, to move all driver’s license and ID card holders into REAL ID-compliant cards.
The Department of Homeland Security estimated the costs for this project at $17.2 billion dollars (net present value, 7% discount). Costs to individuals came it at nearly $6 billion – mostly in wasted time. Americans would spend more than 250 million hours filling out forms, finding birth certificates and Social Security cards, and waiting in line at the DMV.
The bulk of the costs fell on state governments, though: nearly $11 billion dollars. The top three expenditures were $5.25 billion for customer service at DMVs, $4 billion for card production, and $1.1 billion for data systems and IT. Getting hundreds of millions of people through DMVs and issuing them new cards in such a short time was the bulk of the cost.
To drive down the cost estimate, DHS pushed the implementation schedule way back. In its final rule of January 2008, it allowed states a deadline extension to December 31, 2009 just for the asking, and a second extension to May 2011 for meeting certain milestones. Then states would have until the end of 2017 to replace all cards with the national ID card. That’s just under ten years.
Then the DHS decided to assume that only 75% of people would actually get the national ID. (Never mind that whatever benefits from having a national ID drop to near zero if it is not actually “national.”)
The result was a total cost estimate of about $6.85 billion (net present value, 7% discount). Individual citizens would still spend $5.2 billion worth of their time (in undiscounted dollars) on paperwork and waiting at the DMV. But states would spend just $1.5 billion on data and interconnectivity systems; $970 million on customer service; and $953 million on card production and issuance—a total of about $2.4 billion. (All undiscounted—DHS didn’t publish estimates for the final rule the same way it published their estimates for the proposed rule.)
Maybe these cost estimates were still too high. Maybe they weren’t believable. Or maybe Americans’ love of privacy and hatred of a national ID explains it. But the lower cost estimate did not slow the “REAL ID Rebellion.” Given the costs, the complexity, the privacy consequences, and the dubious benefits, states rejected REAL ID.
Enter PASS ID, which supposedly alleviates the costs to states of REAL ID. But would it?
At a Senate hearing last week, not one, but two representatives of the National Governors Association testified in favor of PASS ID, citing their internal estimate that implementing PASS ID would cost states just $2 billion.
But there is reason to doubt that figure. PASS ID is a lot more like REAL ID – the original REAL ID – in the way that most affects costs: the implementation schedule.
Filed under: Law and Civil Liberties; Telecom, Internet & Information Policy
E-Verify: The Surveillance Solution
The federal government will keep data about every person submitted to the “E-Verify” background check system for 10 years.
At least that’s my read of the slightly unclear notice describing the “United States Citizenship Immigration Services 009 Compliance Tracking and Monitoring System” in today’s Federal Register. (A second notice exempts this data from many protections of the Privacy Act.)
To make sure that people aren’t abusing E-Verify, the United States Citizenship and Immigration Services Verification Division, Monitoring and Compliance Branch will watch how the system is used. It will look for misuse, such as when a single Social Security Number is submitted to the system many times, which suggests that it is being used fraudulently.
How do you look for this kind of misuse (and others, more clever)? You collect all the data that goes into the system and mine it for patterns consistent with misuse.
The notice purports to limit the range of people whose data will be held in the system, listing “Individuals who are the subject of E-Verify or SAVE verifications and whose employer is subject to compliance activities.” But if the Monitoring Compliance Branch is going to find what it’s looking for, it’s going to look at data about all individuals submitted to E-Verify. “Employer subject to compliance activities” is not a limitation because all employers will be subject to “compliance activities” simply for using the system.
In my paper on electronic employment eligibility verification systems like E-Verify, I wrote how such systems “would add to the data stores throughout the federal government that continually amass information about the lives, livelihoods, activities, and interests of everyone—especially law-abiding citizens.”
It’s in the DNA of E-Verify to facilitate surveillance of every American worker. Today’s Federal Register notice is confirmation of that.
Filed under: Cato Publications; Telecom, Internet & Information Policy; Trade and Immigration
Questions for Heritage: REAL ID
The Heritage Foundation’s “The Foundry” blog has a post up called “Questions for Secretary Napolitano: Real ID.”
Honest advocates on two sides of an issue can come to almost perfectly opposite views, and this provides an example, because I find the post confused, wrong, or misleading in nearly every respect.
Let’s give it a brief fisking. Below, the language from the post is in italics, and my comments are in roman text:
Filed under: Telecom, Internet & Information Policy; Trade and Immigration
U.S. Chamber on Electronic Employment Verification
The U.S. Chamber of Commerce has a new paper out on electronic employment verification systems. Using government estimates, it finds that operating a nationwide worker background check system would cost $10 billion a year.
The Chamber is no opponent of requiring employers to check workers’ immigration status — I oppose the policy, preferring to live in a free country — but the paper has a lot of information about the practical impediments to giving the federal government a say in every hiring decision.
It also gives the last word to my paper, Electronic Employment Eligibility: Franz Kafka’s Solution to Illegal Immigration. In the paper, I discuss a method for verifying work eligibility under the current immigration law without creating a national identity system. It’s possible, but highly unlikely. As I say in my paper:
Unless the federal government can accept the risk of error and is willing to commit to lasting employment eligibility rules, it will require any internal enforcement program to use databases and tracking rather than just issuing cards that prove eligibility to work and nothing more. It will push Americans toward a national ID and worker surveillance system.

